COUNCIL CONSEIL OF EUROPE DE L'EUROPE Committee of Ministers Comite des Ministres JVII'nt,'W:J'',\' Deputies I Working (imups GT -SUIVI .AGO Monitoring Group GT -SUIVI.AG0(2004)2 Addendum 3 (Confidential) 23 January 2004 Replies by AZERBAIJAN to the questionnaire sent on 4 December 2004 on the outstanding obligations and commitments undertaken on accession to the Council of Europe Item to be considered by the GT-SUIVLAGO at its meeting on 30 January 2004 Unofficial translation Case N: 3M -108/2003 Final decision of the court examination of the appeal protest of the Appeal Court ofthe Republic of Azerbaijan 10 July 2003 Gobustan settlement Witb participation of the president - Yusifov Shahin Yashar, Judges - Taghizadeh Mirza Nasib, and Karimov Farhad Abdulkarim, Registrar - Mammadov Vugar Kamal, Public prosecutors - Aghalarov Mahmud Muradkhan, justice consultant, prosecutor of tbe Department on defense of state charges of tbe Prosecutor General's Office of tbe Republic of Azerbaijan and Akbarov Fakhraddin Seyfi, justice lieutenant-colonel, prosecutor oftbe Department on defense of state charges oftbe Military Prosecutor's Office of the Republic of Azerbaijan, Defense attorneys - Osmanov Elman Isamaddin, lawyer from tbe law consultation agency N: 5 and Seyidova Rafiga Karnran, lawyer from the law consultation agency N:2 Victims - Guliyeva Lalakhanim A vaz, Bayramova Sevinj Sol tan, Akbarova Zemfira Yusif, Mammadov Sayadulla Asad, Asadov Vagif Rza, Niftiyev Aghaddin Asian, Baghirov Elbayi Zulfu, Novruzov Novruz Gafar, Gafarov Sudef Abbas, Shahbazov Rafig Mehrali, Hasanov Afsar Mursal, Ibayev Jabrail Huseyn, Rzayev Elkhan Avaz, Abbasov Muzaffar Asad, Novruzov Atabala Hajiali, Heydarov Arastun Allahverdi, Miriyev Avaz Matlab, Mirzayev Shakir Safar, Shahbazov Zakir Vakil, Nasirov Afgan Yadulla, Huseynov Adil Ali, Kazimov Mirjavan Rza, Mirzayev Abil Sarkhan, Hajiyev Akif Hajimirza, Bayramov Alasgar Rashid, Taghiyev Nazim Husu, Suleymanov Salim Maharnmad, Mammadov Gurshad Maharram, Mukhtarov Rzakhan Balabay, Talishinski Shamsaddin Akbar, Feyziyev Elkhan Tazakhan, Feyzullayev Saleh Etibar, Gambarov Hafiz Marnmadali, Aghayev Ali Ismayil and Aghayev Aflatun Shakir, Having examined in the public trial tbe appeal lodged by Garalov Zakir Bashir, first­ grade State justice consultant and tbe Prosecutor General of the Republic of Azerbaijan against the judgment dated February 12, 1996 oftbe first-instance Military Collegium of the Supreme Court of the Republic of Azerbaijan on Humbatov Alakram Alakbar under Article 57, part 3 of Article 70-2, part 2 of Article 192, part 2 of Article 120, parts 2 and 3 of Article 220 and part 2 of Article 185 of the Criminal Code oftbe Republic of Azerbaijan, which was in force up to September I, 2000 CONCLUDED: By the judgment of the first instance court Military Collegium of the Supreme Court of the Republic of Azerbaijan dated February 12, 1996 (under the chairmanship 0. M. Magsudov) Humbatov Alakram Alakbar, born on October 28, 1948 in tbe village of Shonaychola of the Lerik district, Talish origin, citizen of the Republic of Azerbaijan, married, having one child not reached adolescent age and two children of adolescent age, high educated, being considered as guilty under the 151 part of Article 220 and Article 183-3 of the Criminal Code of the Republic of Azerbaijan in force at that time was sentenced, by the judgment of the Supreme Court of the Republic of Azerbaijan dated 5 June 1991, to three-year imprisonment and under Article 42-1 of the Code enforcement of the sentence was postponed for two years, lived in Koroghlu str. 21/22, Lankaran town, Being considered guilty under Article 57, part 3 of Article 70-2, part 2 of Article 192, part 2 of Article 120, parts 2 and 3 of Article 220 and part 2 of Article 185 of the Criminal Code of the Republic of Azerbaijan, in force up to September 1, 2000 and following Article 3 8 of the same Code, was sentenced to the exclusive type of punishment- death penalty, with confiscation of property. Following the Law dated February 10, 1998 on "Amendments and additions to the Criminal Code, Code of Criminal Procedure and Code of Correction-Labor of the Republic of Azerbaijan", punishment determined under the part 3 of Article 70-2 of the Criminal Code of Azerbaijan Republic in force at that time and the exclusive punishment - death penalty determined under Article 3 8 of the Code were substituted with the punishment of life imprisonment. According to the judgment of the Court, A.A.Humbatov created illegal armed groups in months June-August, 1993 in Lankaran region, by means of them attacked state bodies, organs, institutions, organizations and people which caused death of people and other heavy results. At the same time, he seized autocratically in massive manner authority of official persons, accompanied with commission of publicly dangerous acts in the area under emergency state, deprived illegally of freedom different people by torturing them physically with causing danger for their life and health, acquired fire-arm and combat ammunition without relevant authorization in the area under emergency state and gave the same kind of ammunition to F. A. Mirzayev. After being arrested for these crimes A.A.Humbatov in premediated complicity with a band, escaped from the investigation isolator of the Ministry of National Security of for these crimes on 21 September 1994 and hid in Lankaran town. While hiding here, up to his arrest on August 3, 1995 he kept in touch regularly with his accomplices acting inside and abroad of Azerbaijan and tried to help to prepare plots with a view to seizing the power in the Republic of Azerbaijan. Thus, he created illegal armed groups consisting of the staff of the Military Unit N: 704 that he had been commander before and other persons, providing them with fire-arm, combat ammunition, military materiel, as well as 1 BMP and 3 BTR combat cars and appointed persons among his colleagues as heads of these bands. On 15 June 1993, by means of those armed groups A.A.Humbatov attacked the building of Executive Power of Lankaran town, municipal building, headquarter of the Military Unit N: 704 and military commandant's office of Lankaran garrison and seized them, declared himself as head of the Executive Power of Lankaran town, which was in state of emergency and, later on 21 June, as "Commander-in-chief' of Lankaran garrison. From June 23, 1993, A.A.Humbatov appointed his colleagues Mikayil Hajiyev, Arif Rahimov and Gudrat Huseynov, Yashar Shukurov, Ajdar Gurbanov, Naib Mammadov as military commandants respectively to Lankaran, Masalli, Lerik, Jalilabad, Bilasuvar districts, providing them with ammunition and live force. Besides 2 that, A.A.Humbatov attacked with armed forces on the Offices of Executives Authorities and seized the powers in Masalli district on I July 1993, in Jalilabad district on 2 July 1993 and in Bilasuvar district. At the same time, A.A.Hummatov's armed groups under his leadership and instructions attacked on different persons, state departments, institutions and organizations and occupied them, and deprived of freedom some official and other persons. After having attacked and seized the state authority bodies in Lankaran town, A.A.Humbatov, by detaining H.M.Mammadov, head of the Executive Authorities of Lankaran town, M.M.Kazimov, chief of municipal police department, V.R.Asadov, chief of agriculture and food department in guardroom of military commandant's office of Lankaran garrison for 5 hours, illegally deprived them of freedom. On I July 1993, attacking on the Office of Executive Authorities of Masalli district, detained A.A.Niftiyev, head of the Executive Power of Masalli region in the guardroom of military commandant's office of Lankaran garrison for two hours and half, E.Z.Eyvazov, driver the Office in the reception room of the head of Executive Authorities of the district for seven hours, depriving them of freedom illegally. On 8 July, attacking on the building of Executive power of Masalli region again, detained H.A.Abiyev, first deputy to the Head and N.G.Novruzov, chief of the Session of People's Deputies of the district in the car for two hours and half, S.A.Gafarov, resident of the region in the guardroom of military commandant's office of Lankaran garrison firstly for three days, then two days, on II July, again for three days depriving them illegally of freedom. On IS July, detaining R.M.Shahbazov, officer of the Executive Power of Masalli region in the headquarter of the Military Unit N: 704, A.M.Hasanov, director of the winery N: 2 and F.A.Ibadov, his driver in the guardroom of military commandant's office of Lankaran garrison for eight hours, on 23 June keeping F.F.Huseynov, director of state farm of Shifkhakaran of Lankaran region for two days, H.M.Gambarov, J.H.Ibayev, E.A.Rzayev, M.A.Abbasov, B.A.Bashirov, A.H.Novruzov, residents of the Garghalig village of Masalli region for about a day and conducting illegal search in their homes, on 24 July keeping A.A.Heydarov, M.A.Miriyev, Sh.S.Mirzayev, Z.V.Shahbazov, A.Y.Nasirov, A.A.Huseynov and I.Kh.Bakhshiyev, residents of Bilasuvar region in the guardroom for more than two days and causing them suffers, deprived them illegally of freedom. On 6 August at 10:00 a.m., members of A.A.Humbatov's band, by the instruction of the latter, attacked with fire-arms on the prosecutor's office of Jalilabad region, held M.R.Kazimov, deputy prosecutor, A.S.Aliyev, head assistant of the prosecutor, A.S.Mirzayev, assistant of the prosecutor, G.T.Shahverdiyev, driver of the prosecutor's office, A.H.Hajiyev, chief of police department up to I :00 p.m., August 7, 1993, A.R.Bayramov, deputy prosecutor of Masalli region, S.M.Suleymanov, prosecutor of Astara region, in the garrison guardroom except the latter, but he was held in the building of Executive Power for about a day, T.Y.Nusratov, director of bakery plant of Lankaran town was held in the same guardroom for two hours illegally depriving them of freedom.